STRAWBERRY FIELDS FOREVER

Back in 2006, when I finished building the last house I ever want to live in, my wife directed the landscaping of the embankment in the front.   In spite of an extensive sprinkler system some of the vegetation refused to flourish and died over time. The nursery replaced some of it to no avail. Eventually we had a weed garden that sported almost all Nature’s opportunists. I became the West Coast distributor for dandelions and thistle.

Early Spring dawned in 2007 and I noticed what appeared to be a strawberry plant in the middle at the top of the hill. Several months later I discovered it was going viral. Our next door neighbors had a small patch so we surmised it arrived via a bird. We’ve since had to pull out several tomato plants as well. Harvesting the berries was not feasible as the birds and the slugs got them faster than I could find and rescue them. Things continued apace until I went into the hospital in 2009-10. The embankment was left to its own devices for well over two years.

When I finally regained my senses last summer and started maintaining the property again, I discovered the strawberries had taken over the whole embankment. Go figure. You spend hundreds and hundreds of dollars and end up losing everything but the weeds and along comes an edible groundcover that refuses to abate. Someone once observed that Nature abhors a vacuum. Truer words were never spoken.

What we have now is impervious to weeds and the absolute joy of my grandsons-forty yards by 10 feet of unlimited strawberries and no weeds to be seen. The berries choke them out completely. The volume of fruit exceeds what even the birds, squirrels and slugs can decimate.

This spring,  my neighbor came over to talk about one thing or another (my dogs pooping on her front lawn) and was dumbfounded to see the strawberries. They’ve been babying theirs along with fertilizer and TLC now for 8 years with abysmal results. That’s the karma they got for letting their dogs crap all over my property for 5 years. I was simply polite enough not to complain about it. That problem was eventually solved by the dogs dying of old age.

While this has nothing to do with your claims, it shows how tenacious a plant can be. It should be a valuable lesson when dealing with the vA.  Let these tenacious berries be a teaching moment and smother the vA in pleadings and filings until they are inundated in dog poop (which makes an excellent fertilizer, I might add.).

I should justify this post by saying that I called up my vA PCP scheduler and asked to be tested for IHD due to AO. They told me they’d pencil me in for a workup in December sometime and get back to me. I asked with as little sarcasm as possible if that was December 2012 or 2013. The lady became very pissy with me so I voted with the “end” button. I exercised my rights under Medicare and had it done in the last several weeks and I’m glad to announce that the heart attack I had in the VAMC hospital October 2009 was due to medical negligence (septal infarct) and not Agent Orange. I’m glad we got that settled.

Posted in Food for the soul | Tagged , , , , | 1 Comment

BVA–2012 DECISIONS OUT…OR NOT

BvA’s new decisions through the end of March are out. I notice there are already 15, 652 listed just for Hepatitis. Pardon my French but Holy shit, Batman! That is a lot of sick Veterans. If this represents just the appeals in the first quarter, can you image the tidal wave of  HCV claims that weren’t appealed?  So much for the theory that HCV claims are starting to slow down.

They’re in there but vA isn’t letting us look at them yet! To add insult to injury, it gives me the 404 error.

Postscript– I set loose the dogs of computer and had them attack it by tampering with  the IPVs and different browsers because I use Chrome. Even a different computer wouldn’t open them. If anyone does dislodge the puppies be sure and let us know.

Posted in BvA HCV decisions, vA news | Tagged , , , , , , , , , , , | 5 Comments

BANISHED FROM THE PROMISED LAND

On the one day we honor and remember our fallen from all wars including the Indochinese peninsula, I hear from numerous Vets of some troubling news. As most know, I strive to keep this site politically neutral because I respect that some march to the beat of a different drummer. I see the effects of partisan politics in my birthplace and it tasks me. I take no joy in professing my beliefs as being better than yours. I find it officious when others do it.

My war, such as it is, lies with the vA and their abysmal record in serving our patriots. The only other constitutional point I am adamant about is the 2nd Amendment. What part of ” the people” is so difficult to understand in the First, Second, Fourth. Fifth and Ninth  items in the Bill of Rights? In fact, I am a Benefactor member of the NRA. My father bought me my Life membership when I was 5 years old in 1956.  I have increased my commitment over the years as my finances dictated.

So it was with great disappointment that I started hearing from friends and the Veterans’ websites of a very strange occurrence. It seems our President usurped not only the Wall but the Arlington National Cemetery as well for his own reelection speeches on that hallowed day. This would not be so egregious if he had not denied entry to the hoards of legitimate mourners who showed up to honor their Fathers, Brothers, Sisters, Sons and Daughters sacrifice as they do every year. To deny these loved ones on a no-notice basis, some of whom traveled from distant points to be there, shows little no respect whatsoever for their feelings. I don’t believe any Commander in Chief should ever do what he did. Some of you may disagree with me. That is your right and I will be the first to stand beside you to defend it-always, as I strongly suspect you would for me under similar circumstances.

Several Presidents over the years have made speeches there on Memorial Day. Some have been greeted warmly-some not. The choice to risk opprobrium by showing up for a Dog and Pony show is a risk that must be weighed. What must never happen is sweeping out the riff-raff and replacing them with your own chosen ones who will applaud your every word. This reeks of hypocrisy on any day of the week. To attempt it on the most hallowed of all days breaks faith with even those who are willing to put aside political grievances to be near monuments or grave stones to their loved ones.

That this man would not only disenfranchise Vietnam Veterans but Veterans’ loved ones from other conflicts at the ANC defies belief, let alone common sense. If you wanted to single-handedly anger every Veteran you could on Memorial Day, I cannot think of a more revolting way in which to accomplish it.

I understand that this man wishes to be reelected again in November. I do not fault him for that. Were I in his shoes, I would too. What I most certainly wouldn’t do is deprive us the touchstone of the Wall or Arlington. My father was interred there on July 8th, 2008. He received the last flyover of F-15s from Langley AFB in the Missing Man formation. Sadly, it was the last one for an Air Force General and a triple ace. That type of respect has been forbidden to all henceforth. Why, we will be left to fathom forever or until a new president revokes the  prohibition.

The point of this diatribe is obvious. It has nothing to do with your political stripe, your race or even your religion. It has everything to do with the heady essence of being an American-free to tread in all places at all times without being evicted by one of your fellow Americans for a campaign speech or photo op. Whether you are a Veteran or not is immaterial. The Mall, and more appropriately, the Wall, are the most-visited of all the monuments on Memorial Day. The Rolling Thunder display by all the motorcycled Veterans and their cohorts is  moving beyond description.

What comes to mind is the line from the Head pigs in Animal Farm by George Orwell.  After being chastised for eating all the good food and letting the other animals go hungry, one of the Appointed had this to say: “Some pigs are more equal than other pigs.”

Another one might be Marie Antoinette’s famous rejoinder: “Let them eat cake”. The chutzpah of this gentleman from Chicago is beyond the pale.  It would appear he’s becoming a legend in his own mind. This will not have the desired effect he so desperately tried to orchestrate on Memorial Day. In North Korea, they have minders to steer you away from “problem areas” that might be politically embarrassing. Apparently he left his behind when he ventured out last Monday. I suppose he can only hope Veterans have incredibly short memories come November.

One last parting thought. We thought we would be getting an erudite, stand up vA Secretary when this man was elected. We were sorely disappointed in that regard.  We have been promised much but given little. While I don’t think it is a prerequisite that a candidate for the highest office in the land be a Veteran, I feel we have been better served when one is ensconced there. We certainly would not have seen this rude, crude, boorish socially inept display of indifference to the loved ones of our fallen.

I, personally, would apologize to you if I had voted for him. Lest I be judged, I rarely castigate others. I will refrain from doing so here. Suffice it to say that I am underwhelmed with respect for how he treated Americans last week-regardless of his political affiliation.

Posted in All about Veterans, Complaints Department | Tagged , , , , | 4 Comments

125 DAYS WHEN?

I am interested in your thoughts on all this. Here is a poll that will illuminate us all in how confident you are in vA’s promises to reach a 125-day schedule. America wants to know, too. Vote Chicago style-again and again like American Idol. Stuff the box to your heart’s content. Since I don’t think I’ll be alive to witness it, in my mind all answers are probably going to be right.

Gee. That sucks. I tried to vote in my own poll and it won’t let me.

Posted in All about Veterans, polls, VA BACKLOG | Tagged , , , , , , | 3 Comments

THAT PESKY vA MATH AGAIN… IT DOESN’T ADD UP

A few months ago Secretary Shinseki patted himself on the back touting the success of his Veterans homeless programs:

But wait..there’s more!  It’s that “VA math time again” that adds 50% and 30% and gets 70%!  Once again, the numbers don’t add up.   You see, most of us have not seen a reduction in Veteran homelessness, but rather see it this way:

The VA has been doing a lot of “overstating“, such as this.

I wonder what else the VA is overstating?

Posted in Guest authors, HOMELESS VETERANS, VA BACKLOG | Tagged , , , , , , , | 3 Comments

EAJA–WHAT IS IT?

This answers the questions about EAJA much better than I can:

However,  nobody at the VA has ever been able to answer my question:  If Veterans don’t need an attorney, then why doesn’t the VA fire its 600 or so VA employee lawyers who represent the VA against the Veteran?    That sounds like it would be fair to me..no lawyers for the Vet, none for the VA either.   The non lawyers could “duke it out”.

Im always suspicious of someone who offers me advice…then does the opposite for themselves.  Isnt that what the VA is doing???  Telling Vets they dont need lawyers then use their own lawyers to deny Vets their benefits.   Oh, maybe this is because the VA is “paternalistic”?   If the vA  is so”paternalistic” , then why is an appeal even necessary?

Why do I think the VA LIKES IT when we take a knife to a gunfight by sending an inconsistently trained VSO against a team of VA employee lawyers?

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NW HABITAT FOR HUMIDITY

While the rest of the world swelters, we in the Northwest seem destined to rust. With all the rain and cloudy days here, our temperatures have plummeted into the high 50s to the low sixties. Cupcake had to knit little wool coats for all the corn starts. 14 rows X 43 starts was a lot of  little coats. Well, would you believe I used  8″ X 12″ clear plastic  containers that Costco sells veggies in. I call them mini-greenhouses.

Where the tomato crop is concerned, I was hoping for deliverance from the VA’s ILP program. That hasn’t happened yet but I never throw in the towel on this puppy. The program runs for a year so I have plenty of time to work it in. In the interim, I’m stuck with a globally abnormal predicament which is anathema to tomatoes. What to do?

Why, ne problemo.  Ask Cupcake if I can borrow one. When you are the former owner of a construction company, you simply ask the new owner if you can requisition some scaffolding and planks and erect a “Habitat for Humidity”. This structure holds back the elements yet permits the passage of the meager sunlight available. It’s a poor substitute for the real thing and is not impervious to temperature extremes. Nevertheless, it prevents the dreaded mold everyone else at the nursery is bemoaning. Behold what Nod hath wrought.

50 very dry happy tomatoes.

Posted in Food for the soul, Independent Living Program | Tagged , , , , , | 1 Comment

CATCH 23–TOUGH LUCK

Nashville, Tennessee

Imagine reporting for your colonoscopy at the VA. Sanitary protocols are in place now, right? We’re talking 2008 and forward. In RO and BVA decisions , they constantly dredge up the fact that while there may have been “suspect sanitary conditions” prior to the 90s, these are all a thing of the past and unheard of now.

Mr. Carl Huddleson, rightfully assuming  this, showed up for his procedure along with thousands of others based on this premise. VAMCs tout themselves as the cutting edge of medicine and being light years ahead of regular medical facilities. What he and his fellow Veterans weren’t told about was the sloppy endoscopic cleaning procedures and the requirements that were ignored. When he received a notice to get checked for HBV, HCV and HIV years after his procedure, he promptly did so. He discovered he’d been infected with HBV. He was one of the lucky ones in that respect.

In addition to Carl, more than 10,000  fellow Veterans were notified in 2009 that they needed to be tested due to  unsanitary cleaning procedures at the Murfreesboro, Tenn.,  Atlanta, Ga. and the Miami, Florida VAMCs . Later, the vA revealed that 13 Vets had tested positive for HBV. Worse by far, 34 Vets were diagnosed with HCV and six with HIV. Oops!  Bummer, dude. Sorry.

When you sue the government (or vA) in these circumstances, you utilize the Federal Tort Claims Act (FTCA). You must file within 2 (two) years of the alleged incident. This time limit is as inviolate as the year you are given for a denial at the RO, the 60 days for the F-9, etc. Mr. Huddleson promptly filed within months of being informed of the compromised sanitary protocols. In fact, he filed virtually as soon as the tests came back positive. The problem was that he filed after more than three years. Bummer, Carl.

The Federal Appeals Court’s holding was simple-“Carl. You ignorant slut. You filed too late so we don’t have to pay you.” Never mind that he didn’t have the requisite knowledge to file sooner due to the delay in informing him of the danger. Ignore, too, the damning evidence of what ensued. The time violation became the focal point of the decision.

If anyone needed more evidence that the game is rigged and winning is impossible, Mr. Huddleson’s case is a classic example. At some point, equitable tolling has to arise.  The law cannot be so rigid as to not foresee this eventuality. We pray he files an Appeal because, if allowed to stand, this precedent bodes ill for all the others following in his footsteps. As an aside, I tried filing a FTCA for what the VHA did to my abdomen but discovered few takers. Most of the rainmakers wanted me to pony up $30K of my own money for a professional witness before they’d even consider it.

An important precept in law is that the government should not be allowed to profit from its errors as they appear to have done here. A verifiable injury has occurred and the government has resorted to a tortured reading of law that ignores several precepts. By lulling Mr. Huddleson into believing the colonoscopy was sanitary, they essentially estopped him from getting tested to be sure he hadn’t been infected. I doubt vA would have acquiesced to any testing  absent symptoms though. Similarly, equitable tolling would logically ensue from the date of notification-not the day of the procedure. As Mr. Huddleson is assumed to be ignorant of medical science, he would not be motivated to investigate his health sooner. This decision begs to be appealed higher. It’s almost classic proof, too, of our legal system’s indifference to the plight of Veterans.

We are constantly reminded that we inhabit a special legal system within the normal one where we are accorded special dispensations such as the benefit of the doubt and laches. A veteran friendly environment is the hallmark of the ex parte procedure. However, the moment we set foot into the real world of jurisprudence all these supposed special dispensations evaporate.

Apparently the Doctrine of laches  attaches outside the confines of vA  jurisprudence.  More’s the pity. This must be in keeping with the seminal Nehmer decision whereby the vA decided to give us presumptive service connection for Porphyrea Cutanea Tarda and Chloracne in 1991. The Catch 23 with that one was you had to manifest the disease at 10% or more within one year of leaving the Republic of Vietnam and it had to be in the SMRs. My kingdom for a DeLorean with a Hyperdrive motivator and a flux capacitor.

Posted in Complaints Department, Fed. Cir. & Supreme Ct., Veterans Law | Tagged , , , , , , , , | Leave a comment

VETS IN SANTA BARBARA

I received this from member Emo, one of my most favorite HCVets friends. She and I have a bond of being AF brats and know TAC intimately. TAC stands for Tactical Air Command and encompasses fighter aircraft, not the B-52 milk trucks.

Here are some poignant pictures of the beach next to the pier in Santa Barbara. That’s in California (not Mexico) for all you geographically challenged Chicagoans. Apparently a cadre of Vets sets this up every weekend and takes it down too.  One or more Vets stand guard overnight to prevent anyone from vandalizing it. It definitely left a lump in my throat.

Even though we were treated like scum and called all number of names when we came home from Vietnam, it does my heart good to see we are finally getting the respect that should come with the territory. Never have so many done so much for so little remuneration or accolades.

It makes me wish I lived in Santa Barbara so I could either help with the logistics or at least visit it and see it with my own eyes. It’s a very powerful visual-of that no one can deny.

George Washington had this to say in 1789.

The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to as to how they see Veterans of earlier wars were treated and appreciated by this country.

If we continue to break that trust and abrogate the promises made by prior administrations, one day we will wake up to find no one willing to defend our shores. I expect Canada will simultaneously experience a tremendous population explosion.

America is great for one reason and one reason only. We’re the biggest kid on the block. When other nations perceive an unwillingness on our part to be the biggest and the strongest force for good, then we will find ourselves in deep doo-doo.

AMEN

Posted in Food for the soul, Gulf War Issues | Tagged , , , , | Leave a comment

CONGRESS PASSES VETS BILL

This was almost a foregone conclusion. No one was going to commit political hari kiri and fall on their sword. It shows they have the stomach to do the right thing. Never before have we used troops like paper towels to wipe up the waste of the world and then thrown them away. Wait. What about that little boundary dispute on the Indochinese peninsula about 50 years ago?  I guess that one didn’t count because America wasn’t”behind it”.

I hope these Vets coming out of Southwest Asia don’t start getting the lip service and the “We simply don’t have the assets to provide for them” in about 20 years when most start coming down with even more problems. We’ve never sent troops into harm’s way three, four and even five times back to back -ever. The fallout from this one is going to be felt for several score years. Look at all of us from the 60’s for affirmation of this theory.

Our finances are in disarray. Our credit is dubious. The one thing we can ill afford is to diss the guys who protect us. Passing this bill was a duh. Watch and see all the teeth-gnashing that ensues when it get up to the Senate. This might cut into funding for the Bridges to Nowhere and Welfare entitlements. We probably won’t recognize it when it is finally signed by the Big O. Look for medical packages with RFID thermometers in them near the front doors of VAMCs. Triage will be self-administered soon.

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